ПРОБЛЕМИ КРИМІНАЛЬНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ БОРОТЬБИ З ОРГАНІЗОВАНОЮ ЗЛОЧИННІСТЮ

Abstract

The article considers the issues of criminal law support in the fight against organized crime. The author examines the specific features of crimes under Articles 255, 255-1, 255-3 of the Criminal Code of Ukraine. It is pointed out that it is inexpedient to use the phrase “a person who exerts criminal influence” in part five of Article 255 of the Criminal Code of Ukraine, as the characteristics of such a subject are constitutive for crimes under parts one and four of this article. The author also draws attention to the incorrectness of the indication in the disposition of part five of Article 255 of the Criminal Code of Ukraine on actions provided, in particular, part two of this article, as part two provides for liability for participation in a criminal organization, but for persons specified in part 5. According to this article, it is not the participation in a criminal organization that is characteristic, but the performance of organizational or managerial functions in such criminal associations.

The paper proposes a new version of the fifth part of Article 255 of the Criminal Code of Ukraine with an indication of the specific features of such a subject of increased criminal influence as "thief in law". A new version of the sixth part of Article 255 of the Criminal Code of Ukraine has been proposed, which provides for a special ground for exemption from criminal liability for the actions specified in this article. In order to properly classify criminal offenses committed by a criminal organization, it is proposed to supplement a number of articles of the Special Part of the Criminal Code of Ukraine with instructions to commit them by criminal organizations, and to add a reference to the commission of a criminal offense by a criminal organization to the second paragraph of the first part of Article 67 of the Criminal Code of Ukraine. The author points out the need to remove the legislative indication of the intentional nature of the act provided for in part 1 of Article 255-1 of the Criminal Code of Ukraine, as the establishment or spread of criminal influence in society can not be negligent. It is proposed to supplement the disposition of the first part of Article 255-3 of the Criminal Code of Ukraine with an indication of assistance in committing criminal activity.